Author David F. Johnson recently presented his paper on “Undue Influence, Detecting Elder Abuse, and the Duty to Report Financial Exploitation” to the Austin Probate Bar Association in Austin, Texas, on May 20, 2022.
Burden of Proof
The Presumption of Unfairness Does Not Arise Where A Corporate Trustee Has a Transaction With an Entity Related to an Employee and Not the Corporate Entity
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Estate of Boyle, beneficiaries sued a trustee for mismanagement for allegedly transferring trust assets to entities in which the trustee’s employees had an interest. No. 11-13-00151-CV, 2014 Tex. App. LEXIS 13553 (Tex. App.—Eastland December 19, 2014, no pet.). The court of appeals held that when a…